Sexual assault victims wouldn't have to go to school with assailants under House-passed bill

LANSING, MI - The Michigan House of Representatives by wide margins on Thursday passed legislation looking to fix a portion of Michigan law that sometimes forces young victims of sexual assault to go back to school with their assailants.

The legislation was inspired by a situation in Brighton Area Schools. A student there pleaded guilty to six counts of criminal sexual conduct and was sentenced to 45 days in a youth facility. When he got out, his victims were faced with the possibility of having to go back to school with him.

This is a result of what Rep. Lana Theis, R-Brighton, called "a gaping hole in our law," and she's heard from multiple people who have encountered similar situations across the state. Legislation aiming to change that passed by wide margins in the House on Thursday.

House Bills 5530-5532, sponsored by Theis and Rep. Sylvia Santana, D-Detroit, seek to amend Michigan law to stop students from being forced to attend school with their sexual assailants. Juveniles convicted of 1st, 2nd, 3rd and 4th degree criminal sexual assault charges would not be allowed to attend the same school building as their victims.

Under current law, school boards only have the authority to expel for a sexual assault if it took place on school grounds, Theis said. Under this package, school districts would have to expel those determined to have sexually assaulted a student in the district. The bills would also amend the process for personal protection orders to allow somebody seeking one to ask the subject be barred from attending school with the victim.

Sexual assault victims from the Brighton case testified before the House Law and Justice Committee in support of this legislation last month. They have also been active before their school board on this issue.